How Does Learner Driver Accident Responsibility In Claims Work?

Last Updated 9th January 2025. In this guide, we will discuss how learner driver accident responsibility works in road traffic accident claims.

More specifically, we’ll look at how you could make a personal injury claim following an accident with a learner driver.

We’ll also look at ways in which a learner-driver accident could happen.

Additionally, this guide will help you understand how a solicitor could assist you with your claim under a No Win No Fee agreement.

Despite the information we’ve included in our guide, if you have more questions, please get in touch by:

  • Calling on 0800 408 7825
  • Filling out our contact form online
  • Using the live chat function below to speak with an advisor

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What Is Learner Driver Accident Responsibility?

Learner driver accident responsibility refers to the fact that no allowance is made for lack of experience. The standard of care required is the care and skill of an ordinary driver.

Learner drivers have the same duty of care as qualified drivers, which means they must not endanger other road users. They must comply with the Road Traffic Act 1988 and the Highway Code, which is, in part, why a qualified and insured person must accompany them.

As per the Highway Code, learner drivers must also hold a valid provisional licence and display clearly visible red L plates. They must also be supervised by someone who meets the following criteria:

  • At least 21 years old.
  • Licenced to drive the vehicle under supervision for at least three years.
  • Be insured to cover the learner driver in case of an accident.

Professional driving instructors must also have the correct training and be registered as an Approved Driving Instructor (ADI).

If either the instructor or learner driver fails to uphold their legal obligations when operating a vehicle, they may be in breach of their duty of care. If this breach causes harm, they become negligent and liable for any legal claims that result.

However, multiple parties are still involved. The question remains: If a learner driver crashes, who is responsible? We will answer this in the following sections.

For more information on learner driver accident responsibility, call our advisors via the details at the top of this guide. Otherwise, keep reading to see who is responsible if a learner driver crashes and how to prove it.

What Happens If A Learner Driver Has An Accident?

Generally, you must prove who was liable in order to claim for an accident in which you sustained harm. If the learner driver or instructor is at fault, the claim will be made against their insurance company.

In order to prove liability for a road traffic accident, you will need to provide evidence to show who was responsible. It may help to:

  • Gather evidence of the accident. This could include CCTV or dashcam footage, pictures of the accident scene, and the contact details of any witnesses. You should also gather details of all drivers involved in the accident, such as registration numbers, names, and insurance details.
  • Report the accident to the police: If you feel anyone has broken the law, you should report the accident to the police.
  • Seek medical attention: If you have been harmed in the accident, you should seek medical attention for any injuries to ensure they are treated correctly. You can then use any medical reports detailing your diagnosis and treatment as evidence of your injuries.

Additionally, you may be required to attend a medical appointment with an independent practitioner. The appointment can produce a medical report that details the full nature and extent of your injuries. This appointment may be particularly useful if you are claiming a while after the accident, as it can highlight the long-term impact your injuries may have.

Contact our advisers for a quick call for more information on building a strong claim. Alternatively, continue reading for more details on learner driver accident responsibility.

Top Causes Of Learner Driver Accidents

There are various ways in which a learner-driver accident could occur. Generally, learner vehicles used by registered and qualified instructors have dual control pedals so they can take action to prevent accidents. In some cases, however, this may not be enough:

  • The instructor is not paying attention while supervising the learner. The learner driver drifts into the cycle lane and knocks over a cyclist.
  • The learner driver fails to listen to the instructor’s stop signal to brake and crashes into the car in front.
  • A motorcyclist dangerously overtakes a learner driver on their first motorway trip. The learner driver panics and veers into your vehicle, causing a crash.

As you can see, learner driver accident responsibility can be complex. Call today for more information on who might be liable in a road traffic accident.

How The Whiplash Reform Has Changed RTA Claims

The Whiplash Reform Programme (WRP) went into effect in May 2021, introducing changes to the way compensation is sought for whiplash injuries.

Injuries valued at £5,000 or less must be made through the government’s online claims portal. This only applies to adult drivers and passengers who sustained an injury in a vehicle.

For any claims where injuries are valued higher than £5,000, you can claim the traditional way.

If you’d like to find out more about how the changes could affect your claim, phone the team today. They could provide further clarification on learner driver accident responsibility.

Learner Driver Accident Claims Calculator

Road traffic accident claims, if successful, cover two kinds of compensation.

General damages compensate you for pain, suffering, and loss of life enjoyment. The value of your claim will depend on different factors unique to your case, such as:

  • The severity of your injuries.
  • How badly your quality of life has suffered.
  • The long-term implications of your injuries.

The Judicial College Guidelines (JCG) outline compensation brackets for different injuries based on past settlements. The table below provides examples. Please only use these figures as guidelines, as each personal injury case is unique to the individual. We have also added the top figure to account for more complex cases.

InjurySeverityCompensation
Multiple Injuries Plus Special DamagesVery SevereUp to £1,000,000 or more
ParalysisTetraplegia (also known as Quadriplegia)£396,140 to £493,000
Paraplegia£267,340 to £346,890
Shorter Durations£60,210
ArmInjuries Resulting in Permanent and Substantial Disablement£47,810 to £73,050
Less Severe Injury£23,430 to £47,810
LegLess Serious (i) Fractures From Which an Incomplete Recovery is Made or Serious Soft Tissue Injuries£21,920 to £33,880
Less Serious (ii) Simple Fracture of a Femur With No Damage to Articular Surfaces£11,120 to £17,180
Whiplash18-24 months of symptoms for whiplash and psychological injuries£4,345
18-24 months of symptoms for whiplash£4,215

If you can’t see your injury, call to discuss what your claim could be worth. Alternatively, our advisors can provide further guidance on learner driver accident responsibility claims.

An Overview Of Special Damages

Your claim may also include special damages, which are compensation for any financial losses incurred as a direct result of your injuries. You may be able to claim for either past or future losses, such as:

  • Loss of earnings: This would be due to taking time away from work to recover and not being paid in full for this time.
  • Private medical costs: If you had to pay for private treatment that wasn’t otherwise available on the NHS.
  • Care costs: This would cover the cost of, for example, hiring a nurse to care for you at home.

However, you will need to provide documented proof of these losses. This could include receipts, payslips, or invoices.

If you would like to find out what else you may be able to claim back under special damages, call and speak to our team.

Start A No Win No Fee Learner Driver Accident Claim Today

Hiring a solicitor to help with your road traffic accident claim can bring many benefits. It can also ensure that you are compensated correctly and that all injuries or financial losses are included in your case. However, many people worry about the cost of hiring legal representation.

So, why not hire a No Win No Fee solicitor to represent your claim? If you choose to hire a solicitor to work on this basis, you won’t be asked for any fees before the case begins. Furthermore, no fees are needed to pay the solicitor if the case is lost.

Should there be a positive outcome, a small success fee is deducted from any compensation. This is a legally capped percentage your solicitor will make you aware of before you start.

If you are ready to start a car accident claim under a No Win No Fee agreement, you can get in touch with the team. An advisor could appoint a solicitor from our panel to represent your claim if they feel it has a chance of success.

Alternatively, you may prefer to get further information on learner driver accident responsibility claims first. Either way, an advisor could help, so get in touch by:

  • Calling on 0800 408 7825
  • Filling out our contact form online
  • Use the live chat function below to speak with an advisor.

Road Traffic Accident Articles

Here are some links to other websites that can be useful.

Here are a few links to other claims guides we have published. You might like to read them.

This guide about learner driver accident responsibility claims has concluded. If you have any more questions, please call our team today.